中國與 WTO 的爭端解決體系
China and the Dispute Settlement System of the WTO

保羅•戴維森 　 Paul J. Davidson

關鍵字

中國、爭端解決、 WTO

中文摘要

世界貿易組織（ WTO ）是治理與管控經濟國際化過程的主要國際機構 。 WTO 已從以外交關係為基礎的前身關稅暨貿易總協定（ GATT ）進化到或許是最著名的以規則為基礎的管理國際經濟關係的例子 ，如管理國際貿易的規則與統合的爭端解決機制即為最佳的例證。 WTO 為其會員國的經貿關係提供法律規則的架構 。本文主旨在檢視 WTO 的 爭端解決機制以及中國自 2001 年加入 WTO 後所曾利用過的 爭端解決機制的概況分析。

一般而言，中國與其貿易伙伴都不願輕易啟動爭端解決機制。自入世以後，中國 曾經利用過 爭端解決機制，但其目的僅止於學習如何處理 WTO 的 訴訟 文化以及如何使用這些程序 。當中國對此一體系較為熟悉時，自然會像其他大經濟體一樣會涉入大量案件，但不應將此視為對 WTO 長期存在構成威脅，而應將之視為促進中國完全而有效融入世界貿易體系的必經的一步。 若 中國要變成爭端解決機制的有效使用者，就必須對 WTO 有更深入的瞭解以及對如何運用 WTO 爭端解決機制更擅長。

總之， 中國運用 WTO 爭端解決機制可以是防衛性的，也可以是攻擊性的。雖然未來中國可能會是個積極利用爭端解決機制的國家，但應該確保中國仍然是個負責任的爭端解決機制的使用者，以利建立尊敬 WTO 規 則與法規的好形象。

Key Words

G8, trade liberalization, Canada , China

Abstract

The WTO is the principal international institution for the management and regulation of the process of economic globalization. The WTO has evolved from its early diplomatic relations-based origins in the GATT, to become perhaps the best known example of rules-based governance of international economic relations. This is exemplified by its rules for regulating international trade and its unified dispute settlement mechanism. The WTO framework provides the legal rules for international economic trade relations among its members. At its heart are the WTO agreements, which are the legal ‘rules' for international economic trade relations. The WTO framework establishes rights and obligations - it guarantees member countries' important trade rights, and binds governments to keep their trade policies within agreed limits. Significantly, a WTO Member can enforce its rights through binding third-party adjudication under the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU").

The WTO trading system is a “rule-oriented international trade order” as opposed to a “power-oriented international trade order. A final resolution of any dispute is made by an independent third party according to the rules of the system, rather than simply by negotiations between the parties, where the party with the stronger economic, political or even military power has more leverage than the other party. “This system provides more stability, fairness and predictability in international trade relationships than does a power-oriented international trading system.” Dispute settlement is based on strict equality among all nations. One of the WTO's first disputes, for example, centred on a complaint brought by Costa Rica against the United States . The panel found in favour of Costa Rica , and the United States complied.

China became a member of the World Trade Organization on December the 11 th , 2001 . Membership in the World Trade Organization provides benefits and opportunities. As a member of the WTO, China can trade with others in a secure and predictable rules-based multilateral trading system. On the other hand, however, China is also subject to the rules and disciplines of the multilateral trading system. Importantly, China will now be able to participate in the WTO dispute settlement mechanism that is central to the success of the WTO and the multilateral trading system. Participation in the dispute settlement mechanism (DSM) is mandatory, and all members of the WTO must submit any disputes with other members to dispute resolution under the process if attempts to settle the dispute by negotiation fail, and abide by the decisions of the Dispute Settlement Body (“DSB”). How China participates in the DSM will have important implications not only on its own trading partners, but the system itself.

When China was joining the World Trade Organization, many WTO experts such as Sylvia Ostry suggested that one of the most important effects of its accession would be on the WTO dispute settlement system.

This paper examines the WTO dispute settlement mechanism and its use by China since its accession to the WTO. Neither of the above scenarios has transpired. Both China and its trading partners have shown restraint in lodging disputes. China has used the time since its accession to learn how to deal with the litigious culture of the WTO, and how to use its processes. As China becomes more familiar with the system, it will be natural for China , like other large economies, to become involved in a large number of cases, but this should not be seen as a threat to the long-term viability of the WTO. Rather, it should be seen as a step to facilitate the full and effective integration of China into the world trading system.